Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act;

Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act

i-687instr

Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act;

OMB: 1615-0090

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OMB No. 1615-0090; Expires 08/31/09
Department of Homeland Security

U.S. Citizenship and Immigration Services

Instructions for I-687, Application for Status as a
Temporary Resident Under Section 245A of the INA
Instructions

Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of
paper and indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form?
Form I-687 was originally used to apply for status as a
temporary resident under the 1986 Immigration Reform and
Control Act. While the filing period ended in 1988, Form
I-687 is now used to apply for benefits under the terms and
conditions of certain settlement agreements.

What Are the Eligibility Requirements?
You are eligible for temporary resident status if:
1. You can establish that you entered the United States before
January 1, 1982;
2. You can establish that you have resided continuously in the
United States in an unlawful status since such date and
through the date the application is considered filed under
the settlement agreements. (If you entered the United States
as a nonimmigrant before January 1, 1982, you must
establish that your period of authorized stay as a
nonimmigrant expired before such date through the passage
of time or your unlawful status was known to the
Government as of such date);
3. You can establish that you have been continuously
physically present in the United States since November 6,
1986, and through the date the application is considered
filed under the settlement agreements;
4. You are admissible to the United States as an immigrant
except as otherwise provided under section 245A (d)(2) of
the Immigration and Nationality Act;
5. You have not been convicted of any felony or of three or
more misdemeanors committed in the United States;
6. You have not assisted in the persecution of any persons or
persons on account of race, religion, nationality,
membership in a particular social group, or political
opinion; and
7. You registered or are registering under the Military
Selective Service Act, if required.

Admissibility
You must be admissible under section 212(a) of the INA in
order to be eligible for temporary resident status. If you are
inadmissible under any section of 212(a) of the INA, then you
may file Form I-690, Application for Waiver of Grounds of
Inadmissibility, requesting the grounds of inadmissibility be
waived by the Secretary of Homeland Security.
Sections 212(a)(6)(A) (entry in the United States without
inspection) and 212(a)(7) (documentary requirements) of the
INA do not apply.
The following grounds of inadmissibility may not be waived
by the Secretary of Homeland Security:
1. Section 212(a)(2)(A)(i)(I) - crimes involving moral
turpitude;
2. Section 212(a)(2)(A)(i)(II) - crimes involving controlled
substances, except if it relates to a single offense of simple
possession of 30 grams or less or marijuana;
3. Section 212(a)(2)(B) - multiple criminal convictions;
4. Section 212(a)(2)(C) - controlled substance traffickers;
5. Section 212(a)(3) - security and related grounds;
6. Section 212(a)(4) - public charge. Except this prohibition
does not apply if you are or were an aged, blind, or
disabled individual (as defined in section 1614(a)(1) of the
Social Security Act). If you demonstrate a history of
employment in the United States evidencing self-support
without receipt of public cash assistance, then you will be
considered admissible.

Documents
Documents to Establish Identity
You must submit proof of identity with your application. The
following are examples of the types of documents that may
serve to establish your identity.
1. Birth certificate, baptismal certificate, or other evidence of
birth;
Form I-687 Instructions (02/09/09) N

2. National identification card from your country of origin;

2. Social Security records;

3. Passport;

3. Federal/State tax records;

4. Driver's license;

4. Annual or quarterly address reports;

5. Identification card issued by a school or your State of
residence; and

5. School transcripts;

6. Military identification.

6. Other Federal Government records;
7. Proof of working without authorization;

Documents to Establish Residence

8. W-2 forms;

Documents that may be submitted to prove continuity of
residence include but are not limited to:

9. Form I-20; and

1. Leases, rent receipts, or deeds or other evidence of a
mortgage;
2. Birth certificates of children born in the United States;

10. Form I-94.

General Instructions

3. Employment, union, or other business records;

Type or print legibly in black ink.

4. Driver's license receipts or evidence of vehicle
registrations;

If you need more space to complete an answer, use a
separate sheet of paper. Write your Alien Registration Number
(A-Number), if any, at the top of each sheet of paper and
indicate the number of the item to which the answer refers.

5. Utility bill receipts;
6. Installment loan records;
7. Church records, medical records; and
8. Affidavits or declarations from credible and verifiable third
parties.
If you submit letters from landlords, the correspondence must
include the landlord's present address and the beginning and
ending dates of your residence. Letters from employers,
organizations, or churches should be on official stationery and
include relevant dates, the organization's seal (if any), and the
signer's name and title.
It is recommended that affidavits or declarations from third
parties include the affiant's name, address, and phone number
to verify the credibility of the affidavit or declaration.
To evaluate the sufficiency of the applicant's proof of
residence, USCIS will take into account the passage of time
and attendant difficulties in obtaining corroborative
documentation of unlawful residence.

Documents to Establish NWIRP Eligibility
Documents that may be submitted to prove eligibility of your
nonimmigrant status prior to January 1, 1982, and that your
unlawful status was known to the Government as of such date
include but are not limited to:
1. Visitor's visa, student visa, or temporary worker visa;

Copies
If these instructions tell you to submit a copy of a particular
document, you should send a copy. If there are stamps,
remarks, notations, and etc. on the back of the original
document(s), also provide a copy of the back of the document
(s).
If you choose to send an original document, you should also
send a copy and USCIS will return the original to you. If you
do not provide a copy along with the original, USCIS will
attach the original document to your petition, and it will not be
returned to you.
There are times when USCIS must request an original copy of
a document. In that case, the original is generally returned
after it has been reviewed. If you are asked to submit an
original document, make a copy for yourself and keep it in a
safe place. For your personal records, we advise you to keep
copies of the petition and all of the documents you submit to
USCIS.
However, if you are interviewed, the original documents must
be presented whenever possible at that time except for the
following: official government records, employment or
employment-related records maintained by employers, unions
or collective bargaining organizations, medical records, school
records maintained by a school or school board, or other
records maintained by a party other than the applicant.
Form I-687 Instructions (02/09/09) N Page 2

Copies of these records must be endorsed as true and correct
and must bear the signature and title of persons authorized to
act in their behalf. All certified copies of documents become
the property of USCIS. At the discretion of a USCIS District
Director, original documents, even if accompanied by certified
copies, may be temporarily retained.

Foreign Language Documents
Any document in a foreign language must be accompanied by
an English translation. The translator must certify he or she is
competent to translate the foreign language into English and
that the translation is accurate.

Interview
You may be required to be present for a personal interview by
a USCIS officer. Failure to appear for a scheduled interview
will result in your application being denied for abandonment.
There is no appeal of an abandonment denial.

Biometrics (Fingerprints, Photograph, and
Signature)
If you are between the ages of 14 and 79 years, you must be
fingerprinted as part of the USCIS biometrics services
requirements. Biometrics services may also include the taking
of your photograph and signature. After you have filed this
application, USCIS will notify you in writing on Form I-797,
Notice of Action, to call our National Customer Service
Center at 1-800-375-5283 to schedule your biometrics services
appointment at a USCIS Application Support Center in your
area. If you fail to appear for the biometrics services
appointment, your application may be denied.

Where to File?
For U.S. Postal Service (USPS) deliveries, use the following
address:
USCIS - NWIRP
P.O. Box 804727
Chicago, IL 60680-4108
For courier/express deliveries, use the following address:
USCIS
Attn: NWIRP
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

If you do not sign your application or if you fail to submit the
appropriate fee according to the instructions below, we will
return your form. If your application is returned, no further
action will be taken. You would then need to resubmit your
application properly to renew processing.

What Is the Filing Fee?
The filing fee for this application is $710.
An additional biometric fee of $80 is required when filing this
application. After you submit Form I-687, USCIS will notify
you about when and where to go for biometric services.
You may submit one check or money order for both the
application and biometrics fees, for a total of $790.
Use the following guidelines when you prepare your check or
money order for the Form I-687 and the biometrics service
fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.
C. If you live outside the United States, Guam, or the U.S.
Virgin Islands, contact the nearest U.S. Embassy or
embassy for instructions on the method of payment.
NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."

How to Check If the Fees Are Correct
The form and biometric fees on this form are current as the
edition date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our Web site at www.uscis.gov, select "Immigration
Forms," and check the appropriate fee;

Form I-687 Instructions (02/09/09) N Page 3

2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283.
NOTE: If your Form I-687 requires payment of a biometrics
service fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure to obtain the correct
biometrics service fee.

Employment Authorization
Applicants seeking employment authorization must mail Form
I-765, Application for Employment Authorization, to the
appropriate address noted on Page 3 of these instructions.
Provide the $340 fee with Form I-765.

Travel Authorization
Applicants seeking emergent travel authorization must mail
Form I-131, Application for Travel Document, to the
appropriate address noted on Page 3 of these instructions.
Provide the $305 fee with Form I-131.

Address Change
If you change your address, you may change your address
online at www.uscis.gov, click on the “Change your address
with USCIS,” and follow the prompts, or you may complete
and mail Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

USCIS Forms and Information
To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations, and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our Internet website at www.uscis.gov.

As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-687, we
will deny your Form I-687, and may deny any other
immigration benefit. In addition, you will face severe
penalties provided by law, and may be subject to criminal
prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-687.

Confidentiality
The information provided in this application is confidential
and may only be used as provided in INA Section 245A(c)(5).
The information provided is subject to verification by USCIS.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 1 hour and 10 minutes
per response, including the time for reviewing instructions, and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts Avenue,
N.W., 3rd Floor, Suite 3008, Washington, DC 20529-2210.
OMB No. 1615-0090. Do not mail your application to this
address.
Form I-687 Instructions (02/09/09) N Page 4


File Typeapplication/pdf
File Titlei-687
File Modified2009-02-23
File Created2007-07-18

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